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(영문) 대구지방법원 김천지원 2015.07.16 2015고단497
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On January 20, 2004, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Daegu District Court on August 27, 2009, and sentenced to a fine of 1.5 million won for the same crime in the same court on August 27, 2009, and sentenced to a fine of 2.5 million won for the same crime in the Daegu District Court Kimcheon Branch on May 25, 2010, and was sentenced to a suspended sentence of 2.5 million won for the same crime in the same court on March 5, 2015.

Defendant 2015

4. Around 22:31, at around 20:20, a vehicle driving a C-learning car at a section of about 400 meters from the front day of the T-Tang-dong in the Gu, Sinsi-si, Sinsi-si to the front day of the Sinsi-dong, while under the influence of alcohol with a blood alcohol concentration of 0.151% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving on a driving on a motor vehicle, report on the status of driving on a motor vehicle, report on the statement of the status of a driving on a motor vehicle, register of driver's licenses,

1. Application of Acts and subordinate statutes to report on criminal records, etc. and investigation reports (Attachment to previous records and copies of written judgments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of a selective fine for punishment (the nature of the crime is extremely poor, but the depth of the detention is shown to have been reflected in the process of detention for the first time on the life, and the difficulty of family members in the notice of the penalty seems to be serious, there is no accident caused by the crime in the judgment, and other consideration of the defendant's military service relationship, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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